2017 Barangay and Sangguniang Kabataan Elections

Resolution No. 10211

Promulgation: 03 October 2017

GENERAL INSTRUCTIONS FOR THE MEMBERS OF THE

ELECTORAL BOARDS AND BARANGAY BOARD OF
CANVASSERS (BBOCs) IN CONNECTION WITH THE CONDUCT
OF THE OCTOBER 23, 2017, SYNCHRONIZED BARANGAY AND
SANGGUNIANG KABATAAN (SK) ELECTIONS

Composition of the Electoral Board:

1. Chairperson
2. Poll Clerk and
3. a Third Member.

In the appointment of the members of the Electoral Boards, the EO shall

give preference to public school teachers who are qualified, willing and
available to render election - related service.

Qualifications of Members of the Electoral Board

-Of good moral character and irreproachable reputation;
-Of known integrity and competence;
-A registered voter;
-Has never been convicted of any election offense or of any crime
punishable by more than six (6) months of imprisonment, or has no
pending information for any election offense filed against him or her; and
-Able to speak and write Filipino, English or the local dialect.

Disqualification of Members of the Electoral Board

related within the fourth (4th) civil degree of consanguinity or affinity to
any member of the same Electoral Board or to any candidate to be voted
for in the polling place of assignment or to the said candidate's spouse.

Qualified Substitutes.
In case there are not enough public school teachers, who are qualified,
willing and available, qualified substitutes may be appointed by the
Commission, through the EO, in either of the following cases:

-lack of public school teachers to be constituted as members of the

Electoral Boards based on the certified list submitted by the DepEd
official to the EO vis-a-vis the number of clustered or grouped precincts
in the district, city or municipality ; or
One or more of the public school teachers in the certified list has or have
been disqualified by the EO and there are no other public school teachers
in the locality who are qualified, willing and available to be appointed as
substitute/s.

Powers and functions of the Electoral Board. 1

-Conduct the voting and counting of votes in their assigned polling

places;
Act as deputies of the Commission in the supervision and control of the
conduct of elections in the polling place;
-Maintain order within the polling place and its premises to keep access
thereto open and unobstructed, to prohibit the use of cellular phones and
camera by the voters, and to enforce obedience to its lawful orders.
-If any person refuses to obey the lawful orders of the Electoral Board or
conducts in a disorderly manner in its presence or within its hearing and
thereby interrupts or disturbs its proceedings, the Electoral Board may
issue an order in writing directing any peace officer to take such person
into custody until the adjournment of the meeting, but such order shall
not be executed as to prevent such person from voting. In the absence of
any peace officer, such order may be executed by any other competent
and able person deputized by the Electoral Board in writing. A copy of
such written order shall be attached to the Minutes of Voting and
Counting of Votes (Minutes);
-Furnish watchers copies of the Certificate of Votes (CEF No. 13) upon
request; and
-Perform such other functions prescribed by law or by the rules and
regulations promulgated by the Commission.

WATCHERS

Official watchers of candidates and other groups. - Every candidate for

the Barangay and/ or SK Elections shall be entitled to one (1) watcher in
every polling place or canvassing center. (can be relieved by alternate
poll watcher)
1
The Electoral Board members shall also receive from the EO the following documents duly certified, except item
(e) hereof, by the Election Registration Board (ERB):
One (1) copy of the Election Day Computerized Voters' List (EDCVL) for Barangay voters;
One (1) copy of the EDCVL for SK voters;
Two (2) copies of the Posted Computerized Voters' List (PCVL) for Barangay voters;
Two (2) copies of the PCVL for SK voters; and
Canvassing Forms.
The Poll Clerk shall have custody of the EDCVLs. have custody of one (1) copy of PCVL. The other copy of the PCVL
shall be posted at the door of the polling place.
Duly accredited citizens' arms of the Commission shall be entitled to
appoint a watcher in every polling place or canvassing center. Other
civic, professional, business, service, youth, and any other similar
organization, with prior authority of the Commission, shall be entitled
collectively to appoint one watcher in every polling place.
Preference shall be given to the watchers of the citizens' arms and Punong
Barangay/SK Chairperson candidates, in case the space reserved for
watchers is not enough.

Qualifications of watchers. -
-is a registered voter of the barangay or a member of the Katipunan ng
Kabataan, as the case maybe, in the assigned barangay;
-is of good reputation;
-has not been convicted by final judgment of any election offense or of
any other crime;
-knows how to read and write Filipino, English, or any of the prevailing
local dialect;
-not related within the fourth (4th) civil degree of consanguinity or
affinity to the Chairperson or any Electoral Board members in the polling
place where the watcher seeks appointment.
Incumbent Barangay Officials including Barangay Tanods shall not be
appointed as watchers of any candidate or citizens' arms

Rights and duties of a watcher:

Upon entering the polling place, the watcher shall present to the Electoral
Board Chairperson a sworn appointment.
The appointment shall bear the signature of the candidate with a
statement that such person possesses all the qualifications and none of the
disqualifications as watcher.
(For this purpose, at least fifteen (15) days before election day, candidates
shall provide the EO with a list of names and signatures of their
watchers.) The Poll Clerk shall record the name of the watcher in the
Minutes with a notation under the watcher's signature that said person is
not disqualified to serve as such.

Rights:
The watchers shall have the right to:
-Stay in the space reserved for them inside the polling place;
-Witness the proceedings of the Electoral Board;
-Take note of what they may see or hear;
-Take photographs of the proceedings and incidents, if any, during the
counting of votes, as well as of the Election Returns (ERs), tally board
and ballot boxes;
-File a protest against any irregularity or violation of law which they
believe may have been committed by any Electoral Board member or by
any person;2
-Obtain from the Electoral Board a certificate as to the filing of such
protest and/or of the resolution thereon;
-Have an unimpeded view of the ballot being read by the Chairperson, of
the ER and the tally board being simultaneously accomplished by the Poll
Clerk and the Third Member respectively, without touching any of these
election documents; and
-Be furnished, upon request, with Certificate of Votes, duly signed and
thumb-marked by the Chairperson and all Electoral Board members.

-Watchers shall not speak to any Electoral Board members, or to any

voter, or among themselves, in such a manner as would disturb the
Electoral Board proceedings.
The Electoral Board members shall check the completeness of the
2
Certificate of Challenge or Protest and Decision of the Electoral Board (Annex "B");
Oath of Voter Challenged for Illegal Acts (Annex "C"); and
Oath of Identification of Challenged Voter (Annex "D").

Challenge based on certain illegal acts. - Any voter or watcher may challenge any voter offering to vote on the
ground that the challenged person has;
Received or expected to receive, paid, offered or promised to pay, contributed, offered or promised to contribute
money or anything of value in consideration for his vote or for the vote of another;
Made or received a promise to influence the giving or withholding of any such vote; or
Made a bet or is interested directly or indirectly in a bet which depends upon the results of the election.

The challenged person shall take an oath before the Electoral Board that he/she has not committed any of the
acts alleged in the challenge. Upon the taking of such oath, the challenge shall be dismissed and the voter shall
be allowed to vote. In case the voter refuses to take such oath, the challenge shall be sustained and the voter
shall not be allowed to vote.

Challenge against illegal voters. - Any voter or watcher may challenge any person offering to vote for: (a) not
being registered; (b) using the name of another; (c) suffering from existing disqualification; or (d) being a
double/multiple registrant. In such case, the Electoral Board shall satisfy itself as to whether the ground for the
challenge is true by requiring proof of registration, identity or qualification.
No voter shall be required to present voter's identification card or any other valid identification cards, unless the
identity is doubted or challenged. However, the failure or inability to present an authentic identification
document upon being challenged shall not preclude the voter from voting if identified under oath by:
Any Electoral Board member; or
By another registered voter of the same barangay.
A barangay and/or SK voter can only be identified by another voter of the same barangay. Such identification
shall be recorded in Part E of the Minutes.

Record of challenges, oaths and resolutions. - The Poll Clerk shall record in Part E of the Minutes, all challenges
and oaths taken in connection therewith and the Electoral Board resolution in each case. Copies of the
challenges, oaths and resolutions shall be attached to the copy of the Minutes. Upon the termination of the
voting, the Poll Clerk shall certify that the Minutes contain all challenges, oaths and resolutions made.
documents and the quantities of the forms and supplies received and
immediately call the attention of the EO or the City /Municipal Treasurer,
as the case may be, on any deficiency or shortage thereof.
Thereafter, the Electoral Board members shall sign a Certificate of
Receipt (CEF Form No. 14) in three (3) copies, one (1) copy of which
shall be retained by the Electoral Board members. The two (2) other
copies shall be returned to the City /Municipal Treasurer who, after the
elections, shall immediately transmit one (1) copy thereof to the
concerned EO.
The Electoral Board members shall also receive from the EO the
following documents duly certified, except item (e) hereof, by the
Election Registration Board (ERB):
One (1) copy of the Election Day Computerized Voters' List (EDCVL)
for Barangay voters;
One (1) copy of the EDCVL for SK voters;
Two (2) copies of the Posted Computerized Voters' List (PCVL) for
Barangay voters;
Two (2) copies of the PCVL for SK voters; and
Canvassing Forms.
The Poll Clerk shall have custody of the EDCVLs. have custody of one
(1) copy of PCVL. The other copy of the PCVL shall be posted at the
door of the polling place.

Minutes of Voting and Counting of Votes. - The Electoral Board

members shall accomplish in two (2) copies, the Minutes of Voting and
Counting of Votes (CE Form No. 11), entering therein all the data, and
acts, or incidents required to be recorded as they become available or as
they occur. Copies of the Minutes shall be signed and sealed in separate
envelopes (CEF Nos. 18 and 18A) for distribution as follows:
The copy intended for the Commission shall be delivered to the EO who
shall have custody over the same; and
The copy intended for the ballot box shall be deposited inside the ballot
box compartment for valid ballots.

CASTING OF VOTES
Sec. 24. Date of election. (May 14, 2018)
Sec. 25. Who are allowed to vote. - Registered voters of the precinct:
Whose names appear in the PCVL and EDCVL for the Barangay and/or
SK levels; and
Electoral Board members entitled to avail of voting privilege under
Section 13 hereof.
Voting hours.
- 7:00 a.m. to 3:00 p.m.
If at three o'clock in the afternoon, there are still voters within thirty (30)
meters in front of the polling place, who have not yet cast their votes,
voting shall continue but only to allow said voters to cast their votes
without interruption. The Poll Clerk shall, without delay, list the names of
said voters and consecutively number them. The voters listed shall be
called to vote by the Poll Clerk by announcing each name three (3) times
in the order in which they are listed. Any voter in the list who is not
present when called shall not be permitted to vote at any later time. The
said list shall be submitted to the EO.

Before the start of voting, the Electoral Board Chairperson shall:

Open the ballot box, empty both compartments and show to the public
that it is empty. Then the Electoral Board Chairperson shall lock its
interior cover with one (1) padlock. The Poll Clerk shall retain the key to
the padlock during the voting; and
Show to the public and to the watchers present, the package of ballots.
Enter in the Minutes the number of pads and the serial numbers (SNs) of
the ballots in each pad, and the fact that the package of ballots was shown
to the public.

During the voting, the Electoral Board shall see to it that:

The voters shall vote in the order of their arrival in the polling place;
No watcher enters the places reserved for the voters and the Electoral
Board, nor mingle and talk with the voters;
No person carrying any firearm or other deadly weapon, except those
expressly authorized by the Commission, enters the polling place;
No crowding of voters and disorderly behavior inside the polling place
shall occur; and
The interior cover of the ballot box shall remain locked until the voting is
finished and the counting begins, except when it becomes necessary to
make room for more ballots, the Chairperson, may, in the presence of
watchers, open the box, press down the ballots without removing any of
them. After which, the Chairperson shall again close the interior cover of
the ballot box and lock it with the padlock.

Such facts shall be recorded in the Minutes.

Sec. 30. Prohibition on voting. - It shall be unlawful to:
Bring the ballot and/or the ballot secrecy folder outside the polling place,
except, voting involving Persons with Disabilities (PWDs), Senior
Citizens (SCs), heavily pregnant women and Detainee Voters;
Speak with anyone while inside the polling place; as herein provided;
Prepare the ballot without using a ballot secrecy folder or exhibit its
contents to any person, except in cases of assisted voting;
Erase any printing from the ballot or place any distinguishing mark
thereon;
Use carbon paper, paraffin paper or other means of making a copy of the
contents of the ballot, or otherwise make use of any other scheme to
identify the vote, including the use of digital cameras, cellular phones or
similar gadgets;
Intentionally tear or deface the ballot; and
Disrupt or attempt to disrupt the proceedings of the Electoral Board.

Sec. 31. Persons allowed inside the polling place. - Only the following
shall be allowed inside the polling place:
Electoral Board members;
Watchers who shall stay only in the space reserved for them;
Voters casting their votes;
Voters waiting for their tum to vote;
Voters waiting for their turn to get their ballots; and
Others who are specifically authorized by the Commission.

Sec. 32. Persons not allowed in and around the polling place. - Unless
specifically authorized by the Commission, it is unlawful for the
following to enter any polling place or stay within a radius fifty (50)
meters thereof, except to vote:
Any officer or member of the Armed Forces of the Philippines (AFP) or
the Philippine National Police (PNP), unless said PNP personnel is duly
appointed as Electoral Board members pursuant to Article II, Section 16
hereof;
Any peace officer or armed person belonging to any extra-legal police
agency, special forces, reaction forces, strike forces, Civilian Armed
Force Geographical Units (CAFGUs), Barangay Tanods, or other similar
forces or paramilitary forces, including special forces, security guards,
special policemen;
All other kinds of armed or unarmed extra legal police forces; and
Incumbent Barangay officials, whether elected or appointed.
However, the Electoral Board members, by majority vote, if it deems
necessary, may order in writing the detail of a PNP or AFP officials/
personnel for their protection or for the protection of the election
documents and paraphernalia. Such order shall be entered in the Minutes.
Said PNP or AFP officials/personnel shall stay outside the polling place
within a radius of thirty (30) meters or near enough to be easily called by
the Electoral Board at any time, but never at the door!, except in areas
declared under COMELEC control, in which case the PNP or AFP
officials/personnel shall stay near or at the door of the polling place.
When there is actual disturbance or disruption of peace and order, the
PNP or AFP officials/personnel may enter the polling place even without
the written order of the Electoral Board members.
In no case shall the said PNP or AFP officials/personnel hold any
conversation with any voter or disturb or prevent or in any manner
obstruct the free access of the voters to the polling place.

Sec. 33. Authentication of the ballot. - In every case, the Electoral Board
Chairperson shall, in the presence of the voter and before giving the
ballot to the voter, authenticate the same by affixing signature at the back
thereof. Failure to authenticate shall be noted in the Minutes and shall
constitute an election offense, but will not invalidate the ballot. Further,
in no case shall the Chairperson pre-sign at the back of the ballot prior to
its actual issuance to the voters.

Sec. 34. Order of voting. - The voters shall fall in line in the order of their
arrival in the polling place and cast their votes in the same order. They
shall not crowd around the table of the Electoral Board and shall
immediately depart after casting their votes.

The Electoral Board members shall give priority to PWDs, Senior

Citizens and heavily pregnant women.

Sec. 35. Manner of obtaining the ballots. - The manner of obtaining

ballots is as follows:
The voter shall:
Look for their name in the PCVLs posted near the door of the polling
place, and determine the precinct number and sequence number;
Approach the Third Member who shall ask the voter's name, age, precinct
number and sequence number.
The Third Member shall:
Verify if the name of the voter is in the PCVL-Barangay and/or PCVL-
SK. If the voter's name is not in either of the PCVLs, the voter shall not
be allowed to vote, and shall be requested to leave the polling place;
If the voter's name is found, check the fingernails for any indelible ink
stain. If stained, it shall be a conclusive presumption that the voter has
already voted. As such, the voter shall be directed to leave the polling
place and shall be informed of the reason thereof. This fact shall be
recorded by the Poll Clerk in the Minutes;
If the fingernail is not stained, establish the identity of the voter. If
satisfied with the voter's identity, the voter shall be directed to the
Chairperson. In case of doubt, apply the provision of Sec. 42 hereof.
The Chairperson shall:
Distinctly announce in a tone loud enough to be heard throughout the
polling place the name, precinct number and SN of the Barangay ballot
and/or SK ballot to be issued to the voter. The Poll Clerk shall enter the
same in the corresponding space labeled "Ballot SN" beside the name of
the voter in the EDCVL-Barangay and/ or EDCVL-SK;
Authenticate the ballot/s by affixing signature at the back thereof;
Affix signature in the EDCVL;
Fold the ballot/s in such a manner that its face, except the portion where
the SN appears, is covered. In case the voter is entitled to vote in the
barangay and SK elections, the ballots shall be folded separately;
Ask the voter to affix his/her signature in the EDCVL;
and
Give the ballot/s to the voter.

Only the Chairperson shall issue the ballot and not more than one ( 1)
ballot shall be issued at one time except, in cases where the voter is both
barangay/SK voter.
In case any voter, under the 18-30 years old category, refuses to accept
any of the two (2) ballots (either for SK or for Barangay), the Chairperson
of the Electoral Board shall explain to the voter that he or she shall hold
on to the two ballots and accomplish the ballot for the election said voter
wishes to participate. After voting, the Electoral Board shall proceed in
accordance with Sec. 41 for the accomplished ballot. While for the
unaccomplished ballot, the Chairperson of the Electoral Board shall
distinctly announce the fact of refusal. With the presence of the
concerned voter, mark as "abstained" the ballot and deposit the same, in
the compartment for spoiled ballots. The incident and the SN of the ballot
shall be recorded in the Minutes.

May an illitierate, PWDs or Senior Citizens (SCs)be allowed to vote?

.Yes. with the assistance of any of the following:
A relative within the fourth (4th) civil degree of consanguinity or affinity;
A person of the voter's confidence who belongs to the same household as
that of the voter. For this purpose, the person who usually assists the
PWD, such as personal assistant, caregiver, or a nurse shall be considered
a member of the voter's household; and Any Electoral Board members.
All assistors must be of voting age.
No person, except the Electoral Board members, may assist an illiterate,
PWD or SC more than three (3) times.
In all cases, the Poll Clerk shall first verify from the illiterate, PWD or SC
whether the latter had authorized the assistor to help in filling-up the
ballot/s.

Express lane for PWDs, SCs and heavily pregnant women and Electoral
Boards exercising voting privilege

Appreciation of ballots
- In the appreciation of the ballots, every ballot shall be presumed valid
unless there is clear and good reason to justify its rejection.
Any question on the appreciation of ballots shall be decided by a majority
of the Electoral Board members.

No watcher, candidate, or any other person inside the polling place shall
be allowed to participate in the appreciation of ballots, except that any
watcher may file a protest which shall be recorded in the Minutes.

The Electoral Board shall observe the following rules for the appreciation
of ballots as provided for in Section 211 of BP Blg. 881, bearing in mind
that the objective of the election is to obtain the expression of the voters'
will:

Where only the first name or surname of a candidate is written, the vote
for such candidate is valid, if there is no other candidate with the same
first name or surname for the same office;

Where only the first name of a candidate is written on the ballot which
when read has a sound similar to the surname of another candidate, the
vote shall be counted in favor of the candidate with such surname. If there
are two (2) or more candidates with the same full name, first name or
surname and one of them is the incumbent, and on the ballot is written
only such full name, first name or surname, the vote shall be counted in
favor of the incumbent;
In case the candidate is a woman who uses her maiden or married
surname or both and there is another candidate with the same surname, a
ballot bearing only such surname shall be counted in favor of the
candidate who is an incumbent;
When two (2) or more words are written on the same line on the ballot,
all of which are the surnames of two (2) or more candidates, the same
shall not be counted for any of them unless one is a surname of an
incumbent who has served for at least one (l) year, in which case it shall
be counted in favor of the latter;

When two (2) or more words are written on different lines on the ballot,
all of which are surnames of two (2) or more candidates bearing the same
surname for an office for which the law authorizes the election of more
than one and there are the same number of such surnames written as there
are candidates with that surname, the vote shall be counted in favor of all
the candidates bearing the surname;

When on the ballot is written a single word, which is the first name of a
candidate and which is at the same time the surname of his opponent, the
vote shall be counted in favor of the latter;

When two (2) words are written on the ballot, one of which is the first
name of a candidate and the other is the surname of his opponent, the
vote shall not be counted for either one;
A name or surname incorrectly written which, when read, has a sound
similar to the name or surname of a candidate when correctly written
shall be counted in favor of such candidate;

When a name of a candidate appears in a space of the ballot for an office

for which he is a candidate and in another space for which he is not a
candidate, it shall be counted in his favor for the office for which he is a
candidate and the vote for the office for which he is not a candidate shall
be considered as stray, except when it is used as a means to identify the
voter, in which case, the whole ballot shall be void;

When in a space in the ballot there appears a name of a candidate that is

erased and another clearly written, the vote is valid for the latter;
The erroneous initial of the first name which accompanies the correct
surname of a candidate, the erroneous initial of the surname
accompanying the correct first name of a candidate, or the erroneous
middle initial of the candidate shall not annul the vote in favor of the
latter;

The fact that there exists another person who is not a candidate with the
first name or surname of a candidate shall not prevent the adjudication of
the vote of the latter;
Ballots which contain prefixes such as "Sir", "Mr.", "Datu", "Don",
"Ginoo", "Hon.", "Gob". Or suffixes like "Hijo", "Jr.", "Segundo", are
valid;

The use of nicknames and appellations of affection and friendship, if

accompanied by the first name or surname of the candidate, does not
annul such vote, except when they were used as a means to identify the
voter, in which case the whole ballot is invalid. Provided, that if the
nickname used is unaccompanied by the name or surname of a candidate
and it is the one by which he is generally or popularly known in the
locality, the name shall be counted in favor of the said candidate for the
same office with the same nickname;

Any vote containing initials only or which is illegible or which does not
sufficiently identify the candidate for whom it is intended shall be
considered as a stray vote but shall not invalidate the whole ballot;

If on the ballot is correctly written the first name of a candidate but with a
different surname, or the surname of the candidate is correctly written but
with a different first name, the vote shall not be counted in favor of any
candidate having such first name and/ or surname, but the ballot shall be
considered valid for other candidates;

Any ballot written with crayon, lead pencil, or ink, wholly or in part, shall
be valid;

Where there are two (2) or more candidates voted for in an office for
which the law authorizes the election of only one, the vote shall not be
counted in favor of any of them, but this shall not affect the validity of the
other votes therein;

If the candidates voted for exceed the number of those to be elected, the
ballot is valid, but the votes shall be counted only in favor of the
candidates whose names were firstly written by the voter within the
spaces provided for said office in the ballot until the authorized number is
covered;
Any vote in favor of a person who has not filed a certificate of candidacy
or in favor of a candidate for an office for which he did not present
himself shall be considered as a stray vote, but it shall not invalidate the
whole ballot;

A ballot containing the name of a candidate printed and pasted on a blank

space of the ballot or affixed thereto through any mechanical process is
totally null and void;
Circles, crosses, or lines put on the spaces on which the voter has not
voted shall be considered as signs to indicate his desistance from voting
and shall not invalidate the ballot;

Unless it should clearly appear that they have been deliberately put by the
voter to serve as identification marks, commas, dots, lines, or hyphens
between the first name and surname of a candidate, or in other parts of
the ballots, traces of the letter "T", "J'', and other similar ones, the first
letters or syllables of names which the voter does not continue, the use of
two (2) or more kinds of writing and unintentional or accidental
flourishes, strokes, or strains, shall not invalidate the ballot;
Any ballot which clearly appears to have been filled by two (2) distinct
persons before it was deposited in the ballot box during the voting is
totally null and void;
Any vote cast in favor of a candidate who has been disqualified by final
judgment shall be considered as stray and shall not be counted but it shall
not invalidate the ballot;
Ballots wholly written in Arabic in localities where it is of general use are
valid. To read them, the board of election tellers may employ an
interpreter who shall take an oath that he shall read the votes correctly;
The accidental tearing or perforation of a ballot does not annul it;
Failure to remove the detachable coupon from a ballot does not annul
such ballot. "

~~~~~~~~~~~~~~~
Spoiled ballots. If the ballot/s is/are accidentally spoiled or defaced in
such a way that it cannot lawfully be used, the voter shall surrender it
folded in the same way when it was issued by the Electoral Board
Chairperson. The Electoral Board Chairperson shall write the word
"spoiled" beside the ballot SN previously recorded in the EDCVL. The
Electoral Board Chairperson shall then give the voter a second
authenticated ballot after announcing its SN, with the Poll Clerk
recording the same in the available space in the EDCVL. However, in
cases of spoiled ballots under Sec. 41 paragraphs b (ii), e, and f, the voter
shall not be issued another ballot.
If the second ballot is again spoiled or defaced in such a way that it can
no longer be lawfully used, the same shall be surrendered to the Electoral
Board Chairperson in the same manner as the first spoiled or defaced
ballot. No voter shall be allowed to change spoiled/ defaced ballot more
than once.
The spoiled ballot shall, without being unfolded and without removing
the detachable coupon, be distinctly marked with the word "spoiled",
signed by the Electoral Board Chairperson at the back thereof and deposit
in the compartment for spoiled ballots of the ballot box.
In all cases the Poll Clerk shall record in the Minutes the SN of the
spoiled or replacement ballot.

Procedures after voting. - After voting, the following procedures shall be

observed:
After the voter has filled up the ballot/s, fold it in the same manner as it
was received;
The voter shall then proceed to the Poll Clerk who shall, within the view
of the voter and the other Electoral Board members, without unfolding
the ballot/s or seeing its contents, verify the SN/s against the number/s
previously entered in the EDCVL to determine whether it is the same
ballot/s given to the voter.
If the SN/ s of the ballot/ s returned by the voter is the same as that
recorded in the EDCVL, the voter shall affix thumbmark in the
corresponding space in the ballot coupon/s, and return the ballot to the
Poll Clerk;
If the serial numbers (SN/s) does not coincide with the SN/s as entered in
the EDCVL, the ballot/s shall be considered "spoiled" and shall be so
marked and signed by the Chairperson, and placed inside the
compartment for spoiled ballots. Such fact shall be indicated in Part C of
the Minutes.
Any ballot/ s returned to the Poll Clerk, the detachable coupon/s of which
was not removed in the presence of the other Electoral Board members
and the voter, shall be considered "spoiled", accordingly marked, signed
by the Chairperson and placed inside the compartment for spoiled ballots.
Such fact shall be noted in Part C of the Minutes.
The Poll Clerk shall then apply indelible ink at the base and extending to
the cuticle of the right forefinger nail of the voter, or at the base of any
other fingernail if there be no right forefinger.
The Chairperson shall detach the ballot coupon/s in the presence of the
voter and deposit the folded ballot/s in the compartment of the ballot box
for valid ballots and the detached coupon/s in the compartment for
spoiled ballots. The voter shall then leave the polling place.
If the voter refuses to have the fingernail stained with indelible ink, the
voter shall be informed that such refusal shall render the ballot/s spoiled.

If the voter still refuses despite being informed thereof, the Chairperson
shall, without unfolding the ballot/s and without removing the detachable
coupon/s, distinctly mark the ballot/s with the word "spoiled" sign the
same at the back thereof and immediately place said ballot/ s in the
compartment for spoiled ballots. The voter shall then be required to leave.
Such fact shall be recorded in Part C of the Minutes.
The Electoral Board shall ensure that the EDCVL is properly
accomplished. Failure to do the same shall be a ground for the filing of an
administrative case against the erring Electoral Board members.

Sec. 45. Disposition of unused ballots at the encl of voting hours. - The
Chairperson shall count while the Poll Clerk shall record in Part A of the
Minutes the quantity of unused ballots, if any, and their SNs. Thereafter,
he shall, in the presence of other Electoral Board members and watchers,
if any, tear the unused ballots lengthwise in half, without removing the
stubs and detachable coupon.
The first half of the tom ballots shall be placed in the "Envelope for Other
Half of Torn Unused Ballots" which envelope shall be sealed with the
paper seal to be submitted to the EO for safekeeping. It shall remain
sealed unless the Commission orders otherwise. The second half of the
torn ballots shall be placed in the "Envelope for Excess/Half of Torn
Unused Ballots" which shall be sealed and then deposited inside the
compartment of the ballot box for spoiled ballots. Such fact shall be
entered in Part C of the Minutes.

BBOC Proceedings

CANVASSING FORMS (For Barangay/SK Board of Canvassers)

20-A-
Statement of Votes by Precinct for Barangay Elections
BGY

20-A-
Statement of Votes by Precinct for SK Elections
SK

20-A- Summary Statement of Votes for SK and Barangay

1 Elections

25-A- Certificate of Canvass and Proclamation of, Winning

BGY Candidates for Barangay Elections

25-A- Certificate of Canvass and Proclamation of ,winning

SK Candidates for SK Elections

17-L Envelope for Canvassed Election Returns

12 Paper seals

COUNTING OF VOTES
Sec. 47. Counting of votes to be public and without interruption. - The
Electoral Board shall publicly count in the polling place; the votes cast
and tally the results.
They may re-arrange the physical set-up of the polling place for counting
and perform any other activity to accomplish an orderly counting. At all
times, the ballot box and all election documents and paraphernalia shall
be within close view of the watchers and the public.
They shall not adjourn or postpone or delay the count until it has been
fully completed unless ordered otherwise by the Commission.
Any violation of this Section, or its pertinent portion, shall constitute an
election offense and shall be penalized in accordance with BP Blg. 881,
as amended.

Preliminaries to the counting of votes. - The following activities shall be

undertaken by the Electoral Board before counting the ballots cast:
For votes cast in the clustered precinct:
Unlock the padlock, open the ballot box and take out the ballots from the
compartment for valid ballots;
Segregate the ballots cast for barangay elections from those cast for the
SK elections;
Examine the ballots to determine whether there are:

Excess ballots - The Electoral Board shall, without unfolding the ballots
or exposing their contents, count the number of ballots in the
compartment for valid ballots, and compare the number of ballots inside
the ballot box with the number of voters who actually voted as reflected
in the EDCVL.

1.1 If there are more ballots than there are voters who actually voted, all
the ballots shall be returned to the compartment for valid ballots and
thoroughly mixed therein. The Poll Clerk, without seeing the ballots and
with the Poll Clerk's back to the ballot box, shall publicly draw out as
many ballots as may be equal to the excess and, without unfolding them,
place them in the Envelope for Excess Ballots;

1.2 If in the course of the examination, ballots are found folded together
before they were deposited inside the ballot box, they shall be considered
excess ballots and placed in the corresponding envelope.
Ballots with detachable coupons - In case a ballot with an undetached
coupon is found in the ballot box, the coupon shall be removed and
deposited in the compartment for spoiled ballots. The ballot shall be
included in the pile of valid ballots.
Ballots with the word "spoiled" - If a ballot with the word "spoiled" is
found in the compartment for valid ballots, it shall be placed in the
compartment for spoiled ballots.
Marked ballots - The Electoral Board shall then unfold the ballots and
determine whether there are any marked ballots. If any should be found,
they shall be placed in the corresponding envelope.
Excess, spoiled and marked ballots shall not be read during the counting
of votes. The envelope containing the excess and marked ballots shall be
signed and sealed by the Electoral Board members and deposited in the
compartment for valid ballots.
After completion of the preliminary activities, SK ballots shall be placed
inside the ballot box, lock with one (1) padlock, then proceed to count the
ballots cast for the barangay elections. After the ballots have been
counted, the Electoral Board shall proceed to count the SK ballots.

Sec. 50. Ballots deposited in the compartment for spoiled ballots. Ballots
deposited in the compartment for spoiled ballots shall be presumed to be
spoiled, whether or not they contain such notation; but if the Electoral
Board should find that during the voting, any valid ballot was erroneously
deposited in this compartment, the Electoral Board shall open said
compartment after the voting and before the counting of votes for the sole
purpose of drawing out the ballot erroneously deposited therein. The
valid ballot so withdrawn shall be mixed with other valid ballots. Such
fact shall be recorded in Part C of the Minutes.

Sec. 51. Manner of counting of votes. - The Electoral Board shall unfold
the ballots and form separate piles of one hundred ( 100) ballots each,
which shall be held together with rubber band. The Chairperson shall take
the ballots of the first pile one by one and read the names of the
candidates voted for.

In reading the ballots during the counting, the Chairperson, the Poll Clerk
and the Third Member shall assume such positions as to provide the
watchers and the public as may be conveniently accommodated in the
polling place, an unimpeded view of the ballot being read by the
Chairperson, the ER and the tally board being simultaneously
accomplished by the Poll Clerk and the Third Member respectively,
without touching any of these election documents. The table shall be
cleared of all unnecessary writing paraphernalia. Any violation of this
requirement shall constitute an election offense punishable under Sections
262 and 264 of BP Blg. 881.

The Poll Clerk and Third Member shall record each vote on the ERs and
tally board respectively as the name of the candidate voted for is read.
Each vote for a candidate shall be recorded by a vertical line, except
every fifth vote for the same candidate, which shall be recorded by a
diagonal line crossing the previous four vertical lines.

The same procedure shall be followed with the succeeding piles of

ballots.
After all the ballots have been read, the Electoral Board shall record in
words and figures, the total votes obtained by each candidate both in the
ERs and in the tally board. The counted ballots shall be placed in an
envelope provided for the purpose, which shall be sealed, signed and
deposited in the compartment for valid ballots. The tally board as
accomplished and certified by the Electoral Board shall not be changed or
destroyed, instead, it shall be deposited in the compartment for valid
ballots.
After completion of the counting of the votes cast for the barangay
elections, the Electoral Board shall announce the result of the elections of
barangay officials in the precinct, then proceed to unlock the padlock,
open the ballot box, take out the ballots for the SK elections, place the
accomplished barangay ERs and barangay tally board inside the ballot
box, lock the same, and proceed with the counting of the votes cast for
the SK elections, announcement of results and safekeeping of ERs and
tally board, using the same procedure above stated.

Canvass by the Barangay Board of Canvassers. - (a) The BBOC for

barangays with more than one (1) Electoral Board shall meet at six
o'clock in the afternoon of election day in the voting center of the
barangay and shall forthwith canvass the ERs of the precincts within the
barangay. If the barangay has several voting centers, the canvassing shall
be held in the voting center that is most accessible as determined by the
EO. The EO shall make a corresponding report to the OPES for
consolidation purposes, which voting center was used as canvassing
venue. The OPES shall consolidate the report, to be submitted to the
ORED. The report from the OPES, shall be forwarded to the ORED who
shall submit its consolidated report to the Office of the Deputy Executive
Director for Operations (ODEDO) while the ORED of NCR shall directly
submit its report to the ODEDO.
In canvassing the ERs, the BBOC shall comply with the following
procedures:

FOR BBOC WITH NO SUB- CANVASSING UNIT

The Member-Secretary shall receive the envelopes containing the ERs
intended for the BBOC, and record in the Minutes of Canvass (Minutes)
the condition and SNs of the envelope and paper seal; and the precinct
number(s) comprising the cluster;
Before opening, the Chairperson shall exhibit the envelope to those who
are present;
Open the envelope and retrieve the ERs and proceed to canvass first all
the Barangay ERs in accordance with the following procedures:
Examine the condition of the inner paper seal of the ERs; while the
Member-Secretary records in the Minutes the condition and SN of said
paper seal;
Break the inner seal, unfold the ERs and exhibit the same; while the
Member-Secretary records in the Minutes the condition and SN of the
ERs;
If there is no objection to the ERs, the BBOC shall proceed to canvass by
reading the votes of the candidate and entering the same in the Statement
of Votes (SOVs).
For purposes of accomplishing the SOVs, the BBOC shall:
divide the three (3) copies between the Vice-Chairperson (2 copies) and
the Member-Secretary (1 copy);
fill up the statistical data portion;
accomplish the SOVs simultaneously as the Chairperson reads the votes.
If there is an objection to an ER, the Member-Secretary shall note the
objection in the Minutes and proceed to canvass the ER;
Immediately after an ER has been canvassed, the Chairperson shall write
on the upper right hand comer the word "CANVASSED" and affix below
it the signature and the date of the canvass. Thereafter, the canvassed ER
shall be returned to its envelope;
When all the ERs have been canvassed:
The Vice-Chairperson and Member-Secretary shall compare the entries in
their respective copies of the SOVs. If there are discrepancies in the
entries, they shall refer to the corresponding ERs and make the necessary
corrections on the SOVs. All corrections shall be initialed by the
members of the BBOC and recorded in the Minutes of the Canvass;
If there are no discrepancies, the members of the BBOC shall affix their
signatures above their printed names and imprint their thumbmarks on the
certification portion of the SOVs.
After the SOVs has been completed, the BBOC shall prepare the
Certificate of Canvass and Proclamation (COCP) and affix their
signatures and thumbmarks on the certification portion of COCP and
officially proclaim the winning candidates.
To determine the results of the election of SK officials, proceed with the
canvass of all ERs for the SK elections following the same procedures in
paragraphs 3 (a) to (g).
In barangays with only one (1) clustered precinct, the BBOC shall
immediately accomplish in triplicate the SOVs and COCP and proclaim
the winning candidates.
FOR BBOC WITH SUB-CANVASSING UNIT
Canvass all ERs for the barangay and SK elections following the same
procedures provided in the preceding paragraphs b (1 to 3) hereof.
The BBOC Chairperson shall assign as many ERs to the Sub-Canvassing
Unit taking into consideration Section 60 hereof.
The Sub-Canvassing Unit after accomplishing the SOV, shall turnover
the same to the BBOC.
The BBOC shall prepare the Summary Statement of Votes using all the
SOVs in its custody. Thereafter prepare the COCP and proclaim the
winning candidates.
Sec. 69. When the election returns are delayed, lost or destroyed. - In case
the copy of the ERs for the BBOC is missing, the BBOC shall, by
messenger or other means, obtain a copy of the missing ERs from the
Electoral Board concerned, or, if said copy has been lost or destroyed, the
BBOC may, upon prior authority of the Commission, use any of the
authentic copies of the said ERs and forthwith direct its representative to
investigate the case and immediately report the matter to the
Commission.
Even if the BBOC has not received all of the ERs, it may terminate the
canvass and proclaim the candidates elected on the basis of the available
ERs provided that the missing ERs will no longer affect the results of the
elections.

Sec. 70. Material defects in the election returns. - If it should clearly

appear that some requisites in form or data had been omitted in the ERs,
the BBOC shall call for all the Electoral Board members concerned by
the most expeditious means, for the same Electoral Board to effect the
correction: Provided, That in case of omission in the ERs of the name of
any candidate and/or his corresponding votes, the BBOC shall require the
Electoral Board to complete the necessary data in the ERs and affix
therein their initials: Provided, further, That if the votes omitted in the
returns cannot be ascertained by other means except by recounting the
ballots, the Commission shall, after satisfying itself that the identity and
integrity of the ballot box and the ballots therein have not been violated,
order the Electoral Board to open the ballot box and count the votes for
the candidates whose votes have been omitted, with notice thereof to all
candidates of the position involved, and thereafter complete the returns.
The right of a candidate to avail of this provision shall not be lost or
affected by the fact that an election protest is subsequently filed by any of
the candidates.
Sec. 71. When election returns appear to be tampered with or falsified. -
If the ERs submitted to the BBOC appear to be tampered with, altered, or
falsified after they have left the hands of the Electoral Board, or are
otherwise not authentic, or were prepared by persons other than the
Electoral Board members or by such Electoral Board but under duress,
force, intimidation, the BBOC shall use other copies of the said ERs and,
if necessary, the copy inside the ballot box, which upon previous
authority given by the Commission, , may be retrieved in accordance with
Section 220 of BP Blg. 881. If the other copies of the returns are likewise
tampered with, altered, falsified, not authentic, prepared by persons other
than the Electoral Board or by such Electoral Board but under duress,
force, intimidation, the BBOC shall bring the matter to the attention of
the Commission. The Commission shall then, after giving notice to all the
candidates concerned and satisfying itself that nothing in the ballot box
indicates that its identity and integrity have been violated, order the
opening of the ballots therein has been duly preserved, it shall order the
recount of the votes of the candidates affected and prepare a new return,
which shall then be used by BBOC as basis for the canvass.
Sec. 72. Discrepancies in Election Returns. - In case it appears to the
BBOC that there exist discrepancies in the votes of any candidate in
words and figures in the same returns, and in either case the difference
affects the results of the elections, the Commission shall, upon motion of
the BBOC or any candidate affected and after due notice to all candidates
concerned, proceed summarily to determine whether the integrity of the
ballot box had been preserved.
Once the Commission is satisfied that the integrity of the ballot box had
been preserved, it shall order the opening of the ballot box to recount the
votes cast in the polling place solely for the purpose of determining the
true result of the count of votes of the candidates concerned.
If upon opening the ballot box as ordered by the Commission, it should
appear that there are signs of replacement, tampering, or violation of the
integrity of the ballots, the Commission shall not recount the ballots but
forthwith seal the ballot box and order its safekeeping.

Sec. 73. Manifest error. - (a) Where it is clearly shown before

proclamation that manifest errors were committed in the tabulation or
tallying of the ERs during the canvassing, the BBOC may motu proprio,
or upon verified petition by any candidate, after due notice and hearing,
correct the errors committed.
There is manifest error in the tabulation or tallying of the result during the
canvassing when:
A copy of the ER was tabulated more than once;
Two (2) or more copies of the ERs for one ( 1) precinct were tabulated;
There was a mistake in the copying of the figures from the ERs to the
SOVs;
ERs from non-existent precincts were included in the canvass;
ERs from precinct of one barangay were included in the canvass for
another barangay; and
There was a mistake in the addition of the votes of any candidate.
(b) If the manifest error is discovered before proclamation, the BBOC
shall promulgate an order in writing for the correction of the manifest
error. They shall effect the necessary correction in the SOVs/COCP by
crossing out the erroneous figures/entries to be initialed by the members
of the BBOC and entering the correct figures/entries. The correction of
manifest error made by the BBOC shall be recorded in the Minutes.
Any candidate aggrieved by the said order may appeal the same to the
Commission within twenty-four (24) hours from promulgation. The
appeal must implead as respondents, the BBOC concerned and all
candidates that may be adversely affected.
Once an appeal is made, the BBOC shall not proclaim the winning
candidate, unless the votes are not affected by the appeal.
Upon receipt of the appeal, the Clerk of the Commission shall forthwith
issue summons together with a copy of the appeal to the respondent/s and
shall immediately set the appeal for hearing. The appeal shall be heard
and immediately decided by the Commission En Banc.
(c) Manifest errors discovered after proclamation the same shall be filed
by the board or any aggrieved party with the Commission.
Sec. 74. Questions affecting the election returns; finality of decision
thereon. - All questions affecting the ERs shall be raised during the
canvass and decided immediately by a majority vote of all the members
of the BBOC. The decision shall be reduced in writing and form part of
the Minutes of the proceedings and shall be final and immediately
executory.
After all questions on the ERs shall have been resolved, the BBOC shall
forthwith proceed with the proclamation of the winning candidates,
without prejudice to the right of an aggrieved party to file an election
protest.
Sec. 75. Elections resulting in a tie. - In cases where two (2) or more
candidates for Punong Barangay or SK Chairperson received an equal
and highest number of votes, or where two (2) or more candidates for
Sangguniang Barangay Kagawad or SK Kagawad received the same
number of votes for the first or last place, the BBOC, after recording this
fact in its Minutes, shall, by resolution, and upon five (5) days notice to
all the candidates concerned, hold a special public meeting in which the
BBOC shall proceed to the drawing of lots between the candidates who
have tied and proclaim as elected the candidates who may be favored by
luck.
The other candidate, who lost in the draw for the first place, if there are
only two (2) who tied, shall automatically be the second placer. If,
however, more than two (2) candidates tied for first place, rolled pieces of
paper duly marked by the numbers "1", "2", "3", and so on shall be made
and the contesting candidates shall draw any one thereof, one after the
other, and thereafter publicly open the same.
The number of the rolled paper drawn by each shall decide their ranking.
The same procedure shall apply if the tie occurs among the second
placers and so on.
If the tie is for the position of Punong Barangay or SK Chairperson or for
the seventh place for Sangguniang Barangay Kagawad or SK Kagawad,
the one favored by luck and proclaimed as elected shall have the right to
assume office in the same manner as it had been elected by plurality vote.
The BBOC shall forthwith issue a certificate stating the name of the
candidate who had been favored by luck and proclaim on the basis
thereof.
Nothing in this Section shall be construed as depriving the candidate of
his right to contest the election.
Sec. 76. Certificate of Canvass and Proclamation (COCP) and
Proclamation of Winning Candidates. - The BBOC shall prepare in
quadruplicate the COCP duly signed and thumbmarked by each member,
supported by SOVs received by each candidate in each precinct, and, on
the basis thereof, proclaim as elected the Punong Barangay and seven (7)
Kagawads and the SK Chairperson and seven (7) SK Kagawads who
obtained the highest number of votes.
Subject to reasonable exceptions, the BBOC shall complete the canvass
within twenty-four (24) hours from the time the first ER is canvassed.
A copy of the SOVs shall be attached to each copy of the COCP except
for the copy of the wining candidates. In case of a tie, Section 75 herein
shall apply.
Distribution of Certificate of Canvass and Proclamation. Copies of the
COCP shall be distributed as follows:
Original, to the EO;
Second copy, to the winning candidate for Punong Barangay or SK
Chairperson;
Third copy, to the Secretary of the Sangguniang Bayan/Panglungsod, as
the case may be; and
Fourth copy, to the Secretary of the Sangguniang Barangay.
The winning candidate for Punong Barangay or SK Chairperson shall
reproduce the copies of the COCP and distribute the same to each of the
winning Barangay and SK kagawads.
It shall be the duty of the EO to submit on or before the November 8,
2017 (Wednesday), deadline to the Election Records and Statistics
Department (ERSD), COMELEC, Manila, a certified list of the votes
obtained by each candidate ranked from highest to lowest for the
Barangay and SK elections in each barangay together with the CD
containing with the encoded results of the Barangay and SK elections.
Sec. 78. Safekeeping of canvassed election retu:ms. - After the canvass,
the BBOC shall return the ERs for the Barangay and SK elections in their
proper envelopes, place these envelopes in the envelope for canvassed
ERs, close and seal the same with a paper seal. The serial number of the
paper seal shall be noted in the Minutes. The Chairperson and members
thereof shall affix their signatures on the paper seal.
Thereafter, the BBOC shall deliver the envelope containing the canvassed
ERs to the City /Municipal Treasurer who shall place the same locked in
a safe and secure place with the EO keeping the key thereto, together with
the envelopes containing the canvassed ERs from other barangays.